Pakistan Case Law
2007 SCMR 817

IN RE_ REFERENCE NO.1 OF 2006 North-West Frontier Province vs not

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Citation2007 SCMR 817
CourtSupreme Court of Pakistan
Case No.Reference No.1 of 2006
Date2007-02-20
Judge(s)Nasir-ul-Mulk, Iftikhar Muhammad Chaudhry, Abdul Hameed Dogar, Khalil-
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This reference matter concerns the scrutiny of the North-West Frontier Province Hisba Bill, 2006 by the Supreme Court of Pakistan following a previous advisory opinion regarding the Hisba Bill, 2005. The core legal question was whether the Provincial Legislature had complied with the earlier judicial opinion while enacting the Hisba Bill, 2006. The Court held unanimously that the opinion expressed in Reference No. 2 of 2005 had been largely complied with, except for sections 2(11) and 3(2) of the 2006 Bill, which required reconsideration by the Provincial Legislature. Additionally, the Court laid down the principle that any violation of section 23 of the Hisba Bill, 2006 shall not attract the penal or regulatory consequences outlined in section 14 of the same enactment.

Questions settled in this judgment
  • Whether the Provincial Legislature complied with the opinion expressed in Reference No. 2 of 2005 regarding the Hisba Bill?
  • Do sections 2(11) and 3(2) of the Hisba Bill, 2006 conform to the required legal standards?
  • Is a violation of section 23 of the Hisba Bill, 2006 subject to section 14 thereof?
Hisba Billadvisory jurisdictionreference to Supreme CourtProvincial Legislaturestatutory compliance

' For the reasons to be recorded later, in our unanimous view, opinion expressed in Reference No,2 of 2005 (Hisba Bill, 2005) has been complied with except the provisions of the section 2(11) and section 3(2) of the Hisba Bill, which appears to have escaped the notice of the Provincial Legislature, which may now be given due consideration.

2. We are further of the opinion that any violation of the provisions of section 23 of the Hisba Bill, 2006 shall not be subject to section 14 hereof.

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